QLD Can the crown prosecutor give the victim advice on accepting lessor charges?

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Fm15

Well-Known Member
17 October 2016
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Can the crown prosecutor give advice on whether or not they feel a plea of guilt to lessor charges should be accepted?

After speaking with the crown prosectuter, I was advised that the defendant would enter a plea of guilt if the charges were reduced from more serious charges (8 in total) to just a) common assault and b) willful damage.

I don't personally accept this however, I am worried that for some reason in front of a jury the worst case scenorio is the defendant is found not guilty. How do I know what is the best thing to do? Who should I get advice from?
 

Iamthelaw

Well-Known Member
13 September 2016
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I don't really understand your question.

It is for the Crown to bring about a charge and in turn negotiate down a charge if they so choose to; not the victim.
 

Rod

Lawyer
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27 May 2014
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And no jury needed for a guilty plea.
 

Fm15

Well-Known Member
17 October 2016
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0
71
It seems I must be the one confused.

Being the victim, am I not able to accept the defendants plea to avoid trial?

The crown prosecutor asked for my view on the defendant asking for a downgrade in charges, to plead guilty to avoid trial. Is it not my decision to accept or refuse- is it only the crown prosecutor to decide?

Was he just seeking my view?
 

Fm15

Well-Known Member
17 October 2016
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0
71
It is currently set for trial, with the defendant now seeking to plead guilty to avoid trial but to lessor charges.
 

Iamthelaw

Well-Known Member
13 September 2016
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794
Being the victim, am I not able to accept the defendants plea to avoid trial?
No, it is the decision of the Crown.
The crown prosecutor asked for my view on the defendant asking for a downgrade in charges, to plead guilty to avoid trial. Is it not my decision to accept or refuse- is it only the crown prosecutor to decide?
As above.
Was he just seeking my view?
Probably, yes.

Perhaps things are run slightly differently in Queensland but I would assume they are just seeing what you think - Maybe if you were vehemently opposed to it, they could take it on board in their ultimate decision.[/QUOTE]
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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Possibly something to do with the 'victim impact statement' aspect of things? I've got no idea, but that occurred to me.